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Under this approach, the substantiality and common nucleus of operative fact prongs of the Gagne rule would remain as merely federal question and supplemental jurisdiction inquiries.
The first characteristic essentially requires that the "substantiality test" be met in connection with the crime before R2P would be a legitimate response (provided the other four criteria also exist).
And while the court replaced Wollenberg's "substantiality" test for fair use with one allowing parodists to copy enough to "conjure up" their target, it found the Pirates had overreached by this measure as well.
(67) In relation to part IV copyright, where the content of the material in question is not the subject of protection, and where it would therefore be futile to determine substantiality primarily by reference to quality, (68) courts have instead looked to the quantity of material reproduced, and have utilised factors such as the harm caused to the copyright owner's commercial interests, the interest protected by the particular type of copyright, and the object or purpose of the alleged infringer in undertaking the copying, to resolve the question of substantiality.
In the first part of this short but clear, incisive, and valuable book Vernon White engages in conversation with a number of contemporary philosophers and writers who reject the once prevalent account of the isolated and independent substantiality of the individual person and offer in its place a story of the constitutive role played by processes and relationships.
Judith Anderson is concerned with words as things, with the 'extent to which Renaissance writers conceived of a substantiality in language and the terms .
In determining whether "the amount and substantiality" of the parts extracted as well as how use of the copied material will affect the potential market for the original work.
Among more general matters, we should specially value the distinction between allegory as intention and allegory as text or structure; also the persuasive case for the substantiality or literal validity of allegorical constructs.
Refuges, for all its sober substantiality, might not have been the best representative choice for the East European Monographs series.
In McRae, the wife seeking relief under the innocent spouse rule did not sign or even see the tax return in question but the court ruled she had filed a joint return because she knew that she had to file, her husband filed returns and she did not challenge the returns he filed.|3~ Substantiality test.
is the basis of all subjective meaning' and that the aim of understanding is to |discover in all that is subjective the substantiality that determines it' (Sheed and Ward, 1979, p.
Regarding Sense and Sensibility, he observes that the writer draws extensively on her own thorough, precise awareness of economic matters in contemporary England, thereby "adding substantiality to her characters and their milieux." Finally, he speaks of how Pride and Prejudice balances the case for choosing a spouse romantically or pragmatically and of how families in Persuasion and in contemporary England can either crush or sustain the individual.